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Confidential Information Enforcement Actions

BCLP

Post-Panuwat: Have You Reviewed and Updated Your Insider Trading and Other Corporate Policies?

BCLP on

As discussed in our September 1, 2021 post, the SEC brought its first “shadow insider trading” case against Matthew Panuwat, a company employee who purchased options in a competitor’s shares shortly after learning his...more

Holland & Knight LLP

Shady Days: SEC Secures Another Insider Trading Stat on Shadow Trading Theory

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The U.S. District Court for the Northern District of California on May 30, 2024, approved a settled final judgment against technology company Arista Networks' former chairman and CEO, Andreas "Andy" Bechtolsheim based on...more

Hahn Loeser & Parks LLP

New Insider Trading Precedent: Time To Update Insider Trading Policy

On April 5, 2024, the Securities and Exchange Commission (the “SEC”) obtained a verdict after an eight-day civil jury trial in SEC v. Matthew Panuwat (“SEC v. Panuwat”), in which the SEC alleged shadow insider trading, in...more

BakerHostetler

The SEC Secures Major Trial Victory in Its First ‘Shadow Trading’ Insider Trading Enforcement Action – Securities and Exchange...

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On Friday, April 5, a California federal jury found a former Medivation executive liable for insider trading under the novel liability theory of “shadow trading,” following an eight-day trial and less than three hours of...more

Patterson Belknap Webb & Tyler LLP

UPDATE: SEC Wins Shadow Trading Trial But Court Will Get a Second Look

On April 5, 2024, after an eight-day trial, a jury found Matthew Panuwat liable for violating insider trading laws. Commenting on the Securities and Exchange Commission’s victory, Gurbir Grewal, the agency’s Director of the...more

BCLP

CFTC’s Annual Enforcement Results: Another Blockbuster Year

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The Commodity Futures Trading Commission ("CFTC") recently released its enforcement results for Fiscal Year 2023 ("FY 2023"), which ran from October 1, 2022, through September 30, 2023. ...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Assault on Noncompete Agreements

As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more

Epstein Becker & Green

#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more

Morgan Lewis - Power & Pipes

CFTC 2023 Enforcement Report Shows Uptick in Enforcement Actions

The Commodity Futures Trading Commission (CFTC or Commission) released its enforcement results for fiscal year 2023 on November 7, 2023. The CFTC’s Division of Enforcement filed 96 enforcement actions in 2023 charging a range...more

Skadden, Arps, Slate, Meagher & Flom LLP

Balancing Act: Sharing Information From an Internal Investigation Without Waiving Privilege

A whistleblower has triggered a race against time: An internal inquiry, directed by the audit committee and overseen by external counsel, has been launched in response to allegations that revenue was recorded without proper...more

Thomas Fox - Compliance Evangelist

Pre-Taliation Continues to Rear It’s Ugly Head

DE Shaw, a prominent financial services firm, recently settled a retaliation case with the Securities and Exchange Commission (SEC) for a staggering $10 million. It was settled via an Administrative Order. This settlement...more

Littler

SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting...

Littler on

The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency...more

King & Spalding

FTC and DOJ Announce New Enforcement Actions Against Interlocking Directorates

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On August 16, 2023, the US Federal Trade Commission (“FTC”) brought its first enforcement action under Section 8 of the Clayton Act in 40 years. At the same time, the US Department of Justice’s Antitrust Division (“DOJ” and...more

ArentFox Schiff

The Generative AI Revolution: Key Legal Considerations for the Fashion & Retail Industry

ArentFox Schiff on

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Retail and fashion companies that fail to embrace AI likely risk losing their current market share or, worse,...more

Bradley Arant Boult Cummings LLP

Protective Order Battle Could Undermine Trump's Effective Defense

A battle is heating up in the Jan. 6 criminal case against former President Donald Trump that, while seemingly technical, will likely have a significant impact on the defendant’s ability to mount a defense. It may well serve...more

Davis Wright Tremaine LLP

Connecticut Expands Regulation of Consumer Data Privacy

The Connecticut legislature passed and the governor recently signed amendments to the Connecticut Data Privacy Act (CTDPA), the state's comprehensive consumer data privacy law, which goes into effect July 1, 2023. Some...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2023

This edition of Skadden’s quarterly Insights looks at the latest trends in shareholder activism, the scrutiny companies are facing over their ESG disclosures and employment considerations for using AI in the workplace, among...more

Allen Matkins

More Than Four Score Law Firms File Amicus Brief Opposing SEC Assault On Client Confidentiality

Allen Matkins on

In several recent posts, I have discussed Covington & Burling LLPs opposition to an SEC subpoena demanding that the law firm "name names".   Now more than 80 law firms from across the country have filed an amicus brief...more

Jenner & Block

Government Contracts Legal Round-Up - February 2023 Issue 3

Jenner & Block on

FOIA - Citizens for Responsibility and Ethics in Washington v. United States, No. 21-5276 (D.C. Cir. January 31, 2023) The DC Circuit clarified what information an agency may properly withhold under FOIA’s Exemption...more

Seyfarth Shaw LLP

Recent SEC Order Reiterates Need for Affirmative Whistleblower Exclusion

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Everyone generally agrees that people and organizations should be able to protect their proprietary and valuable information. But one area where we’ve seen legislative fretting is when that principle potentially impedes...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cryptocurrency Insider Trading Case Could Have Broader Ramifications for the Industry

On July 21, 2022, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) each brought insider trading charges against a former Coinbase product manager, his brother and a close friend for using...more

Kohrman Jackson & Krantz LLP

OpenSea Employee Arrested in First NFT Insider Trading Case

Earlier this month, the U.S. Attorney’s Office for the Southern District of New York announced the first ever indictment for insider trading of digital assets. According to the indictment, in 2021 Nathaniel Chastain was...more

Skadden, Arps, Slate, Meagher & Flom LLP

‘Insider Trading’ and NFTs: What Should Companies Be Doing?

The recent indictment of an employee of OpenSea, a prominent NFT marketplace, highlights the risk of trading digital assets based on the improper use of confidential information, even where the digital asset is not a...more

Seward & Kissel LLP

Former OpenSea Employee Charged with Insider Trading in NFTs; Could This be a “One-Off” or Sign of Future Actions?

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On June 1, 2022, the U.S. Attorney’s Office for the Southern District of New York announced the indictment of former OpenSea employee Nathaniel Chastain for an NFT “insider trading” scheme. From at least June to...more

Polsinelli

Former OpenSea Employee Charged with Wire Fraud and Money Laundering in First Ever “Digital Asset Insider Trading” Scheme

Polsinelli on

A former employee of OpenSea, the largest marketplace for the purchase and sale of non-fungible tokens (NFTs), has been indicted and charged with wire fraud and money laundering allegedly in connection with actions he took...more

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